Avoiding Home Damage From Neighbours’ Construction In Toronto

A recent Toronto Star column by Toronto real estate lawyer Bob Aaron shines some light on a somewhat gray area for downtown Toronto homeowners with neighbours in close proximity, which is an extremely common situation due to how homes are built in the city.

It's not unusual for Toronto real estate to be close together downtown.

Aaron tells the story of a client whose new neighbour next door had dug up the area between the homes to repair the foundation on their own home, but in the process caused damage to the client’s home by removing the weeping tiles and waterproofing from his foundation walls. The client became understandably concerned that the hole between the homes might eventually be filled without his foundation being repaired properly.

When a neighbour must access adjoining property for the purposes of making repairs, building fences or other reasonable situations, they have a right to if the neighbour consents to this or they get a permit from the Municipal Licensing and Standards department, according to Toronto Bylaw. As well, damages caused by accessing the land or whatever is done on the land is the responsibility of the neighbour, who must provide compensation. A permit, on the other hand, needs liability insurance and a security deposit.

The wording of the bylaw, in particular, does not say that permission or a permit are the only ways for someone to enter their neighbour’s property in order to do repairs, so if the neighbour skirts the rules and just goes ahead, the city can’t do anything about it and the matter becomes private. The only recourse the homeowner with the affected property has is taking the neighbour to civil court for trespassing and damaging the property.

If you are not overly friendly with your neighbours, keeping an eye on any work that begins near your property, especially if your neighbour has hired a company to do it, is wise. Toronto real estate is often built quite close to other homes, and there’s a good chance that if a neighbour has a lackadaisical roofing crew doing some re-shingling that roofing nails will wind up in your driveway. There’s also a good chance that if they need to redo their foundation, you’ll be shaken awake every morning at 7 a.m. This is why it’s prudent to either get along with your neighbours or keep an eye on their construction. Each day when work ends, do a quick inspection of the outside of your property for any damage or issues that might arise in the coming days, and bring them up then and there with your neighbour and the construction crew before it gets out of hand and you have to resort to legal unpleasantries.

« Toronto Homeowner’s Guide To Finding Your Septic Tank | Home | Staging Your Toronto Home Or Condo For The Ultimate Selling Success »